Q: My ex husband and I filed chapter 13 on our mortgage in 2007 and in 2008 got divorced.
I moved out and left him the house. I obtained a lawyer and had the bankruptcy discharged since I had left the marriage with just my personal belongings. In 2009 he filed chapter 11 on the mortgage. Now on my credit report, it is showing that I am behind 90-120 days with a mortgage company for almost 40K making it hard to finance a home. What can I do if anything to get this off my credit report?
A: If you surrendered the home in your prior bankruptcy, you may have a claim against the mortgage company violating the discharge. You should contact your previous bankruptcy attorney about this matter as you may have a claim against the mortgage company. If your prior Chapter 13 bankruptcy was dismissed instead of discharged and you are still on the mortgage the mortgage company can still collect against you even if your former spouse was awarded the home and debt in a divorce. If you former spouse is currently in a Chapter 13 you should contact a local bankruptcy attorney to discuss your options in more detail. You should bring with you to the consult your divorce decree and both you and your former spouse's bankruptcy documents.
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